Before The Hon’ble Court Of Chief Judicial Magistrate at Srinagar

In The Case Of:-

Bilal Ahmad Pandith
S/O Abdul Salam pandith
R/O Zawoora Lasjan Srinagar
Through his Relative Fayaz ahmad bhat S\0 :
Gh Rasool Bhat
R\0 : zawoora pantha chowk srinagar .

Applicant…

V\S

JKUT through S.H.O Police Station

Panthachowk, Srinagar

Respondent…..

In the matter of:- Application Seeking Grant Of Bail In Favour Of Above Named
applicant after calling detailed report from the Police station
concerned.
______

May it please your honour,

The applicant most humbly submits as under:

1. That the applicant is a permanent citizen of India domiciled in the Union Territory of
jammu and Kashmir and has every right to invoke the jurisdiction of this hon’ble court
for the redressal of his genuine grievances.

2. That the applicant has been illegally arrested by Police Station Nishat on 14 th April 2024.

3. That the applicant is an innocent person and undoubtly not involved or committed any
sort of crime or offence. He has been arrested without any justification by the Police
Station concerned.

4. That the applicant herein has no shadow of criminal behavior on his past and has been
never charged or convicted by any Court of Law.
5. That the moral character of the applicant is highly appreciable. It is submitted that due to
his politeness and being gentle he has earned a sound status and reputation in the society
at large but unfortunately by involving him in the frivolous case, his status and
reputation has been severely tarnished.

6. That the applicant accordingly through the medium of this application place himself at
the mercy of this hon’ble court and seeks protection of his personal liberty which is
guaranteed under Art 21 of constitution of India by this hon’ble court by way of grant of
bail.

7. That the applicant hereby undertakes to abide all the terms and conditions which this
Hon’ble court may be pleased to append to the order of bail and shall not in any manner
abuse the concession of the bail if granted by this Hon’ble court.

8. That the applicant submits that with a view to vindicate their impeccable innocence the
applicant is present to face the trial, therefore in order to enable the applicant to
vindicate his innocence in the matter they may be enlarged on bail.

9. That the settled law relating to bails is that “bail is the rule and jail is an exception”.
Bail cannot withheld as a measure of pretrial punishment. It has been held long ago that ,
the overriding considerations in granting bail are the nature and gravity of the
circumstances in which the offence is committed, the position and the status of the
applicant with refrence to victim and the witnesses, the likelihood of the applicant
fleeing from justice, of repeating the offence, of jeopardizing his own life being faced
with ac grim prospect of possible convection in the case, of tempering the witnesses, the
history of the case as well as its investigation and other relevant grounds which in view
of so many variable factors, cannot be exhaustively set out. When a person is arrested by
the police concern for such an offence, there should be materials produced before the
court to come to a conclusion as to the nature of the case lie is involved in or he is
suspected of. If at any stage from the material is available their appear reasonable
grounds believing that the person has been guilty of an offence punishable with death or
imprisonment for life, the court has no other option than to commit him to custody. At
that stage, the court is concerned with the existence of the materials against the applicant
and not as to whether those materials are credible or not on a merits. In other non-
bailable cases the court will exercise the judicial discretion in favor of granting bail
subject to subsection 3 of 497 cr.pc, if it deems necessary act to under it unless
exceptional circumstances are brought to the notice of the court which may defeat proper
investigation and a fair trial, the court will not decline to grant bail who is not applicant
of an offence punishable with death or imprisonment for life. In Babu Singh and Ors
V/s State of Uttar Pardesh reported in AIR 1978 SC 527 it was held that, “personal
liberty, deprived when bail is refused, is too precious a value of our constitutional
system recognized under article 21 that the crucial power to negate it is a great trust
exercisable, not casually but judicially, with lively concern for the cost to the individual
and community. To glamorize impressionistic orders as discretionary may, on
occasions, make a litigative gamble decisive of a fundamental right. After all , personal
liberty of an applicant or convict is fundamental suffering lawfull eclipse only in terms
of procedure of law. The last four words of Article 21 are the life of that human right”.
10. That the applicant cannot be held guilty without affording them an opportunity of being
heard , bail does not mean permanent release, it means temporary liberty, so that they
 also be provided a chance to prove themselves innocent. Once the same is denied, justice
is denied.

11. That the applicant has not moved any other bail application before any other court.

12. That more grounds would be taken by the defense counsel at the time of arguments.

In the above mentioned circumstances, it is therefore, humbly prayed before

this hon’ble court of law that the bail application may be allowed and the above
named applicant be released on bail.

The same would sub serve the ends of justice.

Date: 19.04.2024.

Applicant through his counsel.

Before The Hon’ble Court Of Chief Judicial Magistrate at Srinagar

In the Case of:
Bilal Ahmad Pandith

V\S

JKUT through S.H.O Police Station Phanthachowk, Srinagar

In the Matter of:

Affidavit In Support Of The Application.

I, Fayaz ahmad bhat S\0 : gh rasool bhat R\0 : zawoora pantha chowk srinagar .hereby
declare on oath as under:
That the averments made in the enclosed suit petition have been drafted at my instance as such I
am fully conversant with the same and are true and correct to the best of my knowledge. Nothing
in it is concealed.

Deponent

Verification: Verified contents of this affidavit are true and correct to the best of my knowledge
and belief. Nothing in it is concealed.
Deponent